Author Archives: Deedee Bitran

The Government Agency Clash On Whether “Because of Sex” Includes “Sexual Orientation”

Today, while it is understood that the phrase “because of sex” includes gender stereotyping, the law remains in flux as to whether discrimination “because of sex” includes discrimination because of “sexual orientation.” CONTINUE READING...

Top Five Curveballs to Look Out For When Dealing with the FMLA

The Family and Medical Leave Act (“FMLA”) requires covered employers to provide eligible employees with unpaid family and medical leave for certain qualifying reasons. While employers should definitely know the FMLA basics (i.e., whether they are “covered employers” who employ any “eligible employees”), here are the five FMLA potential “curveballs” that every employer should look out for when dealing with the FMLA: CONTINUE READING...

Employers Beware: The National Labor Relations Board Cracks Down on Non-Disparagement Policies

Do you know which policies would constitute a violation of the National Labor Relations Act (NLRA)? Employers should review their policies to ensure that the policies are not overbroad and do not encompass what could be reasonably interpreted as chilling employees’ Section 7 protected concerted activities. CONTINUE READING...